Estate Planning & Probate in Berkeley County, West Virginia
There are two reasons people look up Berkeley County probate: to keep a family out of it, or to get a loved one's estate through it. Pick the path that fits, then work from the local Circuit Court details.
Someone died — settling an estate
Filing probate at the Circuit Court, what it costs, transferring property, and local attorneys.
What to do when someone dies in Berkeley County→Planning ahead as a property owner
Keep a Berkeley County home out of probate with a transfer-on-death deed or a living trust.
Estate planning in Berkeley County→The Probate Process in Berkeley County
Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In Berkeley County, probate runs through the Circuit Court at Berkeley County Judicial Center, 380 West South Street, Suite 2200, Martinsburg. The court sits in the Twenty-Seventh Judicial Circuit. Berkeley County shares the Twenty-Seventh Judicial Circuit with Morgan.
Full Berkeley Countyprobate guide: cost, how to file & attorneys →Probate Court Record
Circuit Court
Berkeley County · Twenty-Seventh Judicial Circuit
Address
Phone
Hours
Recording Deeds & Property Documents
Recording Office Record
County Clerk
Berkeley County · County Clerk · Anthony J. "Tony" Petrucci
Address
Phone
Fax
Hours
E-recording
$32 for the first 5 pages plus $1 for each page beyond 5; required form fees may include Sales Listing Form (Declaration of Consideration or Value) ($0); TOD deeds are generally transfer-tax exempt.
Full recording details →Verified July 14, 2026 · Source
Frequently Asked Questions
The Circuit Court for Berkeley County is located in Martinsburg, West Virginia. Full address, phone, hours, and e-filing details are listed on this page.
Yes. E-filing is available but optional in Berkeley County. Many families filing without an attorney prefer paper filing at the Circuit Court; both are accepted.
No. West Virginia allows estates under $50,000 to use a Small Estate Affidavit and skip formal probate. The waiting period is 60 days after death. Use the West Virginia probate decision tool to see if the estate qualifies.
When there is no will, West Virginia's intestate succession rules decide who inherits. Spouses, children, and parents are prioritized in that order. The Berkeley County probate court applies the state rules without variation. See who inherits in West Virginia for the exact order.
A revocable living trust is the cleanest way for most families to skip probate entirely. Assets titled to the trust pass to beneficiaries without court involvement, filing fees, or the Berkeley County probate docket. Create a revocable trust online to avoid putting your family through this process later.
West Virginia Estate Planning Articles
Articles about estate planning, probate, and trusts relevant to families in Berkeley County.
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